Click here for Adobe Acrobat version
Click here for Microsoft Word version
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-02-DL-290
B&H Broadcasting Systems, Inc. ) NAL/Acct. No.200332500001
Owner of Unregistered Antenna )
Supporting Structure Located Near ) FRN 0001-7226-77
Dekalb, Texas )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: October 7, 2002
By the Enforcement Bureau, Dallas Office:
1. In this Notice of Apparent Liability for Forfeiture
(``NAL''), we find B&H Broadcasting Systems, Inc. (``B&H''),
owner of an unregistered antenna supporting structure located
near Dekalb, Texas, apparently liable for a forfeiture in the
amount of three thousand dollars ($3,000) for willful and
repeated violation of Section 17.4(a) of the Commission's Rules
(``Rules'').1 Specifically, we find B&H Broadcasting Systems,
Inc. apparently liable for failing to register its antenna
structure near Dekalb, Texas.
2. On June 10, 2002, the Commission's Dallas Field Office
(``Dallas Office'') received a report of an unlit and
unregistered antenna structure near Dekalb, Texas, belonging to
FM radio broadcast station KZRB. The Commission's Antenna
Structure Registration database showed no registered antenna
structures within a two mile radius of the licensed geographical
coordinates 33° 24' 54''N / 094° 38'10''W for radio station KZRB,
nor any structures registered to B&H Broadcasting Systems, Inc.
An agent with the Dallas Office located Federal Aviation
Administration (``FAA'') study 95-ASW-1807-OE for a 499-foot
tower located at geographical coordinates 33° 24' 54.4''N / 094°
38'10.7''W. The FAA study specified medium intensity strobe
lighting. The study was conducted for B&H.
3. Still on June 10, 2002, the agent contacted Mr. Ray
Bursey, owner of radio station KZRB. Mr. Bursey stated that the
structure had been registered when they upgraded the station and
constructed the tower. The Commission's database shows that B&H
applied for a license to cover the construction of KZRB at its
present licensed location on December 16, 1996. Mr. Bursey was
not able to document that an application for tower registration
had been submitted.
4. On September 12, 2002, a search of the Commission's
Antenna Structure Registration database still showed no
registered antenna supporting structure within a two mile radius
of the licensed geographical coordinates 33° 24' 54''N / 094°
38'10''W for radio station KZRB, nor any antenna supporting
structure registered to B&H Broadcasting Systems, Inc.
5. Section 17.4(a) of the Rules requires the owner of an
antenna structure that required notice to the FAA to register the
antenna structure with the Commission. B&H's antenna structure
required FAA notification because it exceeded 200 feet in
height.2 From at least December 16, 1996 through September 12,
2002, B&H owned an antenna structure that required notice to the
FAA, and thus required Commission registration, yet B&H failed to
register the structure.
6. Based on the evidence before us, we find B&H willfully3
and repeatedly4 violated Section 17.4(a) of the Rules by failing
to register its antenna supporting structure.
7. Pursuant to Section 1.80(b)(4) of the Rules,5 the base
forfeiture amount for failure to file required forms or
information (i.e. failure to file an application for antenna
structure registration) is $3,000. In assessing the monetary
forfeiture amount, we must also take into account the statutory
factors set forth in Section 503(b)(2)(D) of the Communications
Act of 1934, as amended (``Act''), which include the nature,
circumstances, extent, and gravity of the violation, and with
respect to the violator, the degree of culpability, any history
of prior offenses, ability to pay, and other such matters as
justice may require.6 Considering the entire record and applying
the factors listed above, this case warrants a $3,000 forfeiture.
IV. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the
Rules,8 B&H Broadcasting Systems, Inc. is hereby NOTIFIED of this
APPARENT LIABILITY FOR A FORFEITURE in the amount of three
thousand dollars ($3,000) for willful and repeated violation of
Section 17.4(a) of the Rules by failing to register its antenna
9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Rules, within thirty days of the release date of this NAL,
B&H Broadcasting Systems, Inc. SHALL PAY the full amount of the
proposed forfeiture or SHALL FILE a written statement seeking
reduction or cancellation of the proposed forfeiture.
10. Payment of the forfeiture may be made by mailing a
check or similar instrument, payable to the order of the Federal
Communications Commission, to the Forfeiture Collection Section,
Finance Branch, Federal Communications Commission, P.O. Box
73482, Chicago, Illinois 60673-7482. The payment should note the
NAL/Acct. No. and FRN referenced above. Requests for payment of
the full amount of this NAL under an installment plan should be
sent to: Chief, Revenue and Receivables Operations Group, 445
12th Street, S.W., Washington, D.C. 20554.9
11. The response, if any, must be mailed to Federal
Communications Commission, Office of the Secretary, 445 12th
Street SW, Washington DC 20554, Attn: Enforcement Bureau-
Technical & Public Safety Division and MUST INCLUDE THE NAL/Acct.
No. referenced above.
12. The Commission will not consider reducing or canceling
a forfeiture in response to a claim of inability to pay unless
the petitioner submits: (1) federal tax returns for the most
recent three-year period; (2) financial statements prepared
according to generally accepted accounting practices (``GAAP'');
or (3) some other reliable and objective documentation that
accurately reflects the petitioner's current financial status.
Any claim of inability to pay must specifically identify the
basis for the claim by reference to the financial documentation
13. Under the Small Business Paperwork Relief Act of 2002,
Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the FCC is
engaged in a two-year tracking process regarding the size of
entities involved in forfeitures. If you qualify as a small
entity and if you wish to be treated as a small entity for
tracking purposes, please so certify to us within thirty (30)
days of this NAL, either in your response to the NAL or in a
separate filing to be sent to the Technical & Public Safety
Division. Your certification should indicate whether you,
including your parent entity and its subsidiaries, meet one of
the definitions set forth in the list provided by the FCC's
Office of Communications Business Opportunities (OCBO) set forth
in Attachment A of this Notice of Apparent Liability. This
information will be used for tracking purposes only. Your
response or failure to respond to this question will have no
effect on your rights and responsibilities pursuant to Section
503(b) of the Communications Act. If you have questions
regarding any of the information contained in Attachment A,
please contact OCBO at (202) 418-0990.
14. IT IS FURTHER ORDERED THAT a copy of this NAL shall be
sent by regular mail and Certified Mail Return Receipt Requested
to B&H Broadcasting Systems, Inc., 3720 County Avenue, Texarkana,
FEDERAL COMMUNICATIONS COMMISSION
James D. Wells
Dallas Office, Enforcement Bureau
1 47 C.F.R. § 17.4(a).
2 See 47 C.F.R. § 17.7(a).
3 Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which
applies to violations for which forfeitures are assessed under
Section 503(b) of the Act, provides that ``[t]he term `willful',
when used with reference to the commission or omission of any
act, means the conscious and deliberate commission or omission of
such act, irrespective of any intent to violate any provision of
this Act . . . .'' See Southern California Broadcasting Co., 6
FCC Rcd 4387-88 (1991).
4 The term ``repeated,'' when used with reference to the
commission or omission of any act, ``means the commission or
omission of such act more than once or, if such commission or
omission is continuous, for more than one day.'' 47 U.S.C. §
5 47 C.F.R. § 1.80(b)(4).
6 47 U.S.C. § 503(b)(2)(D).
7 47 U.S.C. § 503(b).
8 47 C.F.R. §§ 0.111, 0.311, 1.80.
9 See 47 C.F.R. § 1.1914.